CORNELL v. E.I. DUPONT DE NEMOURS & CO., INC.

No. 87-1761.

841 F.2d 23 (1988)

George CORNELL, et al., Plaintiffs, Appellants, v. E.I. DUPONT DE NEMOURS & CO., INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 9, 1988.


Attorney(s) appearing for the Case

Gregory J. Wenger with whom Albert P. Zabin and Schneider, Reilly, Zabin & Costello, P.C., Boston, Mass., were on brief, for plaintiffs, appellants.

Susan J. Baronoff with whom John C. Wyman, P.C. and Roche, Carens & DeGiacomo, Boston, Mass., were on brief, for defendant, appellee E.I. Du Pont De Nemours & Co., Inc.

Richard K. Dandrea with whom C. Arthur Wilson, Jr., Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., Mary Morrissey Sullivan and Parker, Coulter, Daley & White, Boston, Mass., were on brief, for defendant, appellee Mobay Corporation.

Robert A. Curley, Jr., with whom Curley & Curley, P.C., Boston, Mass., was on brief, for defendant, appellee Glendale Optical Company, Inc.

Before COFFIN, BREYER and TORRUELLA, Circuit Judges.


TORRUELLA, Circuit Judge.

Plaintiffs-appellants seek reversal of a summary judgment entered against them on grounds that the statute of limitations for their products liability claims had run. The brunt of the appeal is that the court misconstrued or misapplied the Massachusetts "discovery rule." Because we find that the court did neither, we affirm the judgment below.

Appellant George Cornell1 worked as a spray painter. From 1980...

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